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Need to file but fail means test - barely - help!

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    Need to file but fail means test - barely - help!

    I've reached a point where I've decided that I really need to do something about my overwhelming debt load. I've been struggling for the past year to make things work, but my creditors have cut my limits to just above my balances and have all jacked up the interest rates to maximum levels (most at 29.99%). I currently owe around $37000.00 on credit cards, and drain my checking account each month making payments and covering my necessities. I'm current on all of my bills, but have nothing left for savings or emergencies, which is scary.

    My problems started with a reduction in income that I thought would be temporary, but turned permanent. Instead of making cuts immediately when my income level dropped, I supplemented my income via credit (very stupid idea on my part) and things just snowballed from there when my income never returned to it's former level. Now even though I have a decent paying job ($46K/ year) I live like I did when I was a poor college student, eating ramen noodles, no new clothes during the past year, etc. (cue the tiny violin). I know I put myself in this place, but it's time to fix the situation.

    Anyway, I've visited the NOLO website and took the means test for chapter 7. I'm above median for my area (Wisconsin) by a bit (+3494.00), but with my mortgage payment I come close to passing, but just not quite…I fail by about $10 month…which is kind of frustrating.

    The one area on the test where I see that I could change this is through the vehicle ownership (line 23) expense. Currently, it is set to "0" as I own my car outright with no lien. If I understand correctly, the recent Ranson supreme court ruling states that I can't claim that expense because I don't have a current loan. However, if I was able to obtain an auto loan it would seem like I would then easily qualify for a chapter 7.

    My currently vehicle is a reliable car (2004 Toyota Matrix), no problems, and probably worth about $6000. I had planned on keeping it until the wheels fell off, but that may not be in my best interest. I'm going over the scenarios in my head, but it would seem like I could try to use my car as a trade-in, or sell it to come up with downpayment money for another vehicle that would carry a loan. My concern is that my utilization is really high on my credit cards and that I won't be approved for a loan, although I do still have decent scores (low 700s). I'm envisioning a nightmare where I have to trade in my new car for a less reliable one at a "buy here, pay here" type of place in order to pass the means test. I guess in the short-term that might still be the best route instead of spending the next 5 years in a repayment plan.

    I guess I'm just looking for some feedback here from this very helpful group.

    #2
    What if you just bought a clunker for a few dollars? I thought Scalia even mentioned this strategy in his opinion. Another thing to consider is if the car is worth 6k do you have enough exemptions to cover that?

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      #3
      well, if i bought a junker wouldn't that cause a problem in that I would have 2 cars? I mean that would be great if I could do that, but I wouldn't think that would fly. As for exempting the $6000 car that i have currently (if I kept it or had equity in a new car with loan), I believe Wisconsin allows for $4000 vehicle exemption plus any unused amount from a $12,000 personal property exemption, so I think I would be okay there.

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        #4
        Personally, I would try to trade in my paid off vehicle on a new(er) vehicle with a payment for a term of 5 years on the docs but pay it off asap!!
        ~~ Filed Over Median Income Chapter 7: 12/17/2010 ~~ 341 Held: 1/12/2011 ~~ Discharged: 03/16/2011 ~~
        Not an attorney - just an opinionated woman.

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          #5
          I don't know what the practice is for two cars. Logic would say you only need one but if the second one was a truck or van for hauling, bad weather, etc it might make some difference. i'm sure some of the more experienced will chime in on this.

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            #6
            I filed pre-Ransom and had my 341 post-Ransom and lost the ownership deduction and am now looking at a 13. If I could change one thing about the path of my case, it would have been to purchase a newer vehicle before filing so that I had a loan payment, when my credit would still support it.

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              #7
              ValleYum - yeah, I guess that's probably the best solution to the situation. I just hope that I'll be able to get financed for a vehicle!

              dontburnthep - that really sucks and I'm sorry to hear that. I am grateful that I have a bit of time to prepare for this and can hopefully get my ducks in a row, so to speak. I'm sure that you did this as well, but couldn't have prepared for something like that to hit you mid-process.

              Comment


                #8
                Originally posted by hoss1000 View Post
                ValleYum - yeah, I guess that's probably the best solution to the situation. I just hope that I'll be able to get financed for a vehicle!
                Low 700's? I feel sure you can get financed for a vehcile - particularly if you trade in a vehicle worth over 5k. Good luck!! Maybe someone could chime in on how far ahead of her filing date she would need to do this or if it matters.
                ~~ Filed Over Median Income Chapter 7: 12/17/2010 ~~ 341 Held: 1/12/2011 ~~ Discharged: 03/16/2011 ~~
                Not an attorney - just an opinionated woman.

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                  #9
                  Do you have life insurance and disability? I am fairly certain these are allowable on the means test.

                  Maybe some of the veterans can chime in.

                  Adding these may get you over the hump.
                  Last edited by Fletch; 02-04-2011, 09:36 PM. Reason: left out info
                  Retained Attorney June 25, 2010, Filed Chapter 7 Nov 3, 2010 (170k unsecured), 341 Dec 2, 2010 (1 minute of nothingness), Discharged Feb 1, 2011

                  Comment


                    #10
                    A bit confused here. Is the $10/month figure you refer to the amount you're over the means or, is it part of your monthly disposable income? You'd need to have $182/month in MDI to have to file a 13.
                    Have you filled out schedules I and J to determine your MDI?
                    If not, here's a pretty decent on line calculator?

                    Comment


                      #11
                      keepmine - sorry, that probably was a bit confusing...the $10 / month (which was a rough guess) was me referring to line 50 of the means test (DMI)...the amount there ($158) creates an amount on line 51 (60 x DMI) that is less than $50 greater than line 54 (25% debt threshold) $9498 and $9450. When I fill out schedules I and J I'm actually in the red by around $20, which I feel is more accurate to my monthly budget and financial situation.

                      fletch - yes, I do have term life included - thanks for that suggestion.

                      Does anyone think it would it be possible for me to adjust my term life insurance coverage (get a bit more expensive policy) or change tax withholdings on my income taxes to put me below the threshold or would that raise a red flag? I wasn't planning on filing for 4-6 months if that helps.

                      Comment


                        #12
                        If you're in the red on I and J you're OK.
                        The means test is just step 1. I and J are used to determine if you have enough MDI to fund a 13 and it appears you don't. MAny here have failed the means test but had successful Chapter 7 filings due to low MDI.
                        Have you consulted with a bk attorney yet? If not, speak with 2 or 3 and see what they say.

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